News & Analysis as of September 18, 2024

Consumer Bankruptcy › Title Insurance

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Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code. Debtors are... more +

Real Property, Financial Services, & Title Insurance Update: Week Ending October 4, 2019

Carlton Fields on 10/31/2019

Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more

Financial Services & Title Insurance Update: Week Ending October 11, 2019

Carlton Fields on 10/23/2019

Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Williams Mullen on 10/22/2019

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019

Carlton Fields on 3/20/2019

Real Property Update - Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

Carlton Fields on 5/16/2018

REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Real Property & Title Insurance Update: Week Ending October 7, 2016

Carlton Fields on 10/13/2016

Foreclosure: debtor that agreed to “surrender” property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor’s foreclosure action...more

Real Property & Title Insurance Update: Week Ending July 29, 2016

Carlton Fields on 8/3/2016

REAL PROPERTY UPDATE - Foreclosure/Automatic Stay: because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even...more

Real Property & Title Insurance Update: Weeks Ending May 29 & June 3, 2016

Carlton Fields on 6/8/2016

REAL PROPERTY UPDATE - Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

Carlton Fields on 5/26/2016

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

What Happened to my Mortgage?

Bennett Jones LLP on 1/18/2016

In 2015, and just before his retirement, Justice Murray of the Ontario Superior Court of Justice left us with a challenging legal decision that, for the time being at least, will matter to mortgage lenders....more

Real Property, Financial Services & Title Insurance Update: Week Ending October 23, 2015

Carlton Fields on 10/27/2015

REAL PROPERTY UPDATE - Foreclosure/Documentary Stamp Tax: deferred interest on a “pick-a-payment” mortgage did not amount to future advance, which would have required payment of documentary stamp tax - Steinberg v. Wells...more

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Consumer Bankruptcy › Title Insurance

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